Pursuant to New York Family Court Act Section 413, one pays child support until the child is 21 years old. The child support percentage is as follows:
|One child||17% of the combined income for both parents|
|Two children||25% of the combined income for both parents|
|Three children||29% of the combined income for both parents|
|Four children||31% of the combined income for both parents|
|Five children||35% of the combined income for both parents|
The court will look at the parties’ gross income, and this should be stated in the most recent filed income tax return. Income if not already reported in the gross income via the tax return can come from “(A) workers’ compensation, (B) disability benefits, (C) unemployment insurance benefits, (D) social security benefits, (E) veterans benefits, (F) pensions and retirement benefits, (G) fellowships and stipends, (H) annuity payments, and (I) alimony or maintenance actually paid or to be paid to a spouse who is a party to the instant action pursuant to an existing court order.” New York Family Court Act Section 413 (1)(b)(6)(iii)(A-I).
If the parties receive certain benefits, then the cost of such benefits can be deemed income by the court. A list of such benefits include “(A) non-income producing assets, (B) meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or indirectly confer personal economic benefits, (C) fringe benefits provided as part of compensation for employment, and (D) money, goods, or services provided by relatives and friends.” New York Family Court Act Section 413 (1)(b)(6)(iv)(A-D).
Also, if one party’s income has decreased, then the court can use the prior income even though that party does not make that income anymore. The reason being is that the court can impute the income to that party “if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent’s obligation for child support.” New York Family Court Act Section 413 (1)(b)(6)(v). Other items can be deemed as income, and it can be found in New York Family Court Act Section 413.
Jayson Lutzky gives free consultations and can be reached at 718-514-6619. He has been practicing law for over 36 years in the Bronx, and he can help you with your legal matter. Due to COVID-19, he is available by telephone or by Zoom Monday to Friday from 9am to 4pm. Regular business hours are Monday to Friday from 9am to 5pm, with the last appointment at 4pm, and Saturday from 10am to 2pm, with the last appointment at 1pm.